Lathrop v. Specht
Supreme Court of Iowa
Appeal from Carroll District Court.- — M. E. Hutchison, Judge. An action in equity to require the receiver to refund certain money paid upon a land contract, the receiver h'aving refused to perforin the contract, and the money sought to be recovered having been paid to the assignor in part' performance of the contract. Opinion states the facts. Decree for the defendant in the court below. Plaintiffs appeal.
1Opinion of the CourtGaynor, J.
The plaintiffs’ petition shows the following facts:
The plaintiffs and the Farmers Bank of Glidden entered into a written contract on the 23d day of February, 1914, by the terms of which the bank agreed to sell and-convey 120 acres of land to the plaintiff, in consideration of the sum of $26,000, to be paid for as follows: $500 on the execution of the agreement, and the balance as follows; $3,500' cash on March 1, 1915, and the execution of a note for $22,000, payable in 10 years, with interest at the rate of 6 per cent from March 1st, secured by a mortgage on the land. On that date, and on…
2Cases cited6 opinions
- Sunflower Oil Co. v. WilsonSupreme Court of the United States · 1892
- Waters v. PearsonSupreme Court of Iowa · 1914
- Pardoe v. JonesSupreme Court of Iowa · 1913
- Pedley v. FreemenSupreme Court of Iowa · 1906
- Frey v. StanglSupreme Court of Iowa · 1910
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